DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 2, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 5,912,369 to Reeves (hereinafter referred to as Reeves).
In regard to claim 1, as shown in figure 1, Reeves discloses a filter structure (10) having a filter layer (12) that has air permeability to filter passing gas. An adhesive layer (28) is formed of an adhesive on at least a part of one side of the filter layer (12). The template (14) forms a peelable sheet layer laminated on a surface of the adhesive layer (28). The template (14) can be considered to define to-be-cut regions set on the filter layer with the lines (18, 20, 22, 24) forming boundary portions that can indicate a boundary position between the to-be-cut region and a non-cut region of the filter layer (12). It is further noted that the to-be-cut region and the boundary region relate to the method of using the filter structure. Even without the lines on the template, the filter structure of Reeves would be considered to have all of the required structure of the present application as a user could still cut of a region of the filter layer when using it. The to-be-cut region and boundary region as arbitrary regions defined by a user when cutting the filter layer.
In regard to claim 2, as discussed above, the lines (18, 20, 22, 24) on the template (14), or peelable sheet layer, can form the boundary portion and are visual indications.
In regard to claims 3 and 4, the filter layer (12) has a square shape, which is a rectangular form. The lines “22” can be considered to form the boundary region, in which case the to-be-cut region can be set in at least one corner of the filter layer (12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Other prior art references listed on the PTO-892 (Notice of References Cited) are considered to be of interest disclosing similar filter structures with adhesive layers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at 571-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773